of January 27, 2005 No. 4
(Extraction)
The bases to change or cancellation of the decision, resolution according to the procedure of supervision are illegality or groundlessness of court resolution.
The claimant - JV I filed B economic court the action for declaration about exception of defendants - the companies: "A" and "M" from the shareholder register and recognition of the property right to shares 33 in number of 27496 pieces for JV I.
Claims are satisfied by the judgment, defendants are excluded from the shareholder register and for the claimant the property right to shares of defendants in number of 27496 pieces at par value of one share - 1095 bags is recognized.
In appeal and cassation instances case was not considered.
In protest the question of cancellation of the judgment and adoption of the new decision on refusal in satisfaction of claims is put.
Presidium, having discussed protest arguments, having studied case papers, considers necessary protest to satisfy partially, to cancel the judgment and to send case for new trial on the following bases.
From case papers it is seen that the Joint-stock company "P" was transformed on April 25, 2003 to the joint Uzbekskoamerikansky company "I" in the form of open joint stock company. The authorized capital of the joint venture is determined in the amount of 173158920 bags, the number of placed shares - 158136 pieces. The share of A overseas enterprise constituted % 7,5 (11862 shares), "M" - % 9,8 (15634 shares).
Joint business repeatedly convened general shareholder meetings where the above-stated shareholders of participation did not accept.
The claimant - JV I, considering that nonparticipation of the above-stated investors on general meetings interferes with activities of joint-stock company, appealed to economic court with the requirement about exception of the companies "A" and "M" of the shareholder register and recognition of the property right to shares of defendants in number of 27496 pieces for JV I.
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